Archive for the 'Linux' Category

Self-serving Bill Gates Meet Self-serving Chuck Grassley

Posted in Public Affairs, Money Matters, Technology, wordpress, Microsoft, Politics, Immigration, United States, HP, telecom, Linux, Foreign Affairs, Grassley, Border Control, Minimum Wage, Apple, IBM, Blogs4Borders on January 27th, 2009 by Stanford Matthews

Imagine that.. Someone is interested in taking Bill Gates and his legacy, Microsoft, to task for laying off American workers. The complaint from US Senator Charles Grassley of Iowa ties the current financial crisis and the trend of increasing unemployment to companies who abuse the H-1B visa program of hiring foreign workers for American jobs.
microsoft fatal error
Political life in Washington may be as fragile as anything else vulnerable to the impact of severe economic downturns. Where was all this angst over visas and foreign workers during the summer of 2007 when Congress and the White House tried to pass McCain/Kennedy shamnesty? There’s hardly a difference. A primary responsibility of the federal government is to defend its citizens from foreign attack. Whether that is from the typical source of armed forces of another country or countries, the sinister terrorism from radical groups without a well-defined geopolitical base or an economic invasion on our shores and borders from foreign sources the task is understood. You protect your own citizens first and once protected then and only then do you extend assistance to those who are not citizens.

One could say better late than never except these occasional expressions from elected officials are more often political in nature and for their vested interest and not yours. Senator Grassley is an elected official with some volatility. Similar to a company’s stock which responds wildly and unpredictably to changes in the market. But this recent press release and letter from the Senator does have some usefulness. To bring some attention to both inequities in the labor market as well as a renewal notice that immigration policies including visa programs and offshore outsourcing are by no means dead issues. With the election of the most liberal senator in the US to the Office of President of the United States you can bet the farm on the fact the issue of amnesty will rear its ugly again this year or next.

For Immediate Release
January 23, 2009
Grassley Works to Ensure American Workers are Priority

grassleyWASHINGTON – Senator Chuck Grassley today said that in a time of economic downturn, American workers must be a top priority for American companies. Grassley reiterated those words after he sent a letter to Microsoft urging the company to make efforts to retain qualified American workers during the recently announced lay-offs.

Microsoft employs thousands of people through the H-1B visa program. This temporary work visa program allows American companies and universities to employ temporary foreign guest workers who have the equivalent of a U.S. bachelor’s degree in a job category that is considered by the U.S. Citizenship & Immigration Services to be a “specialty occupation.” The purpose of the h-1b program is to help companies hire foreign guest workers on a temporary basis when there is not a sufficient qualified American workforce to meet those needs. However, the program is not intended to replace qualified American workers.

In October 2008, U.S. Citizenship and Immigration Services released an internal report that found the H-1B program has more than a 20 percent violation rate. The fraud identified in the report included jobs not located where employers claimed, H-1B visa holders not being paid the prevailing wage, forged documents, fraudulent degrees, and shell businesses. In one instance the H-1B position described by the employer was “business development analyst.” However, it turned out that the H-1B visa holder would be working at a laundromat doing laundry and maintaining washing machines.

Grassley has been a leader in the effort to improve the H-1B visa program. In the 110th Congress, he introduced a comprehensive H-1B and L visa reform bill with Senator Dick Durbin that would give priority to American workers and crack down on unscrupulous employers who deprive qualified Americans of high-skill jobs. He has also asked questions of both American and foreign based companies about their use of the H-1B visa program.

Here is a copy of the text of Grassley’s letter

January 22, 2009
Mr. Steve Ballmer
Microsoft Corporation
One Microsoft Way
Redmond , WA 98052-6399

Dear Mr. Ballmer:

I am writing to inquire about press reports that Microsoft will be cutting approximately 5,000 jobs over the next 18 months. I understand that the layoffs will affect workers in research and development, marketing, sales, finance, legal and corporate affairs, human resources, and information technology.

I am concerned that Microsoft will be retaining foreign guest workers rather than similarly qualified American employees when it implements its layoff plan. As you know, I want to make sure employers recruit qualified American workers first before hiring foreign guest workers. For example, I cosponsored legislation to overhaul the H-1B and L-1 visa programs to give priority to American workers and to crack down on unscrupulous employers who deprive qualified Americans of high-skilled jobs. Fraud and abuse is rampant in these programs, and we need more transparency to protect the integrity of our immigration system. I also support legislation that would strengthen educational opportunities for American students and workers so that Americans can compete successfully in this global economy.

Last year, Microsoft was here on Capitol Hill advocating for more H-1B visas. The purpose of the H-1B visa program is to assist companies in their employment needs where there is not a sufficient American workforce to meet their technology expertise requirements. However, H-1B and other work visa programs were never intended to replace qualified American workers. Certainly, these work visa programs were never intended to allow a company to retain foreign guest workers rather than similarly qualified American workers, when that company cuts jobs during an economic downturn.

It is imperative that in implementing its layoff plan, Microsoft ensures that American workers have priority in keeping their jobs over foreign workers on visa programs. To that effect, I would like you to respond to the following questions:

* What is the breakdown in the jobs that are being eliminated? What kind of jobs are they? How many employees in each area will be cut?

* Are any of these jobs being cut held by H-1B or other work visa program employees? If so, how many?

* How many of the jobs being eliminated are filled by Americans? Of those positions, is Microsoft retaining similar ones filled by foreign guest workers? If so, how many?

* How many H-1B or other work visa program workers will Microsoft be retaining when the planned layoff is completed?

My point is that during a layoff, companies should not be retaining H-1B or other work visa program employees over qualified American workers. Our immigration policy is not intended to harm the American workforce. I encourage Microsoft to ensure that Americans are given priority in job retention. Microsoft has a moral obligation to protect these American workers by putting them first during these difficult economic times.

Sincerely,

Charles E. Grassley
United States Senator

The following is an excerpt from Microsoft’s website on the testimony of Bill Gates at a Congressional hearing in May 2008

illegal immigrationU.S. immigration policies need to allow American companies to hire the best talent. Gates calls on Congress to reform immigration policies to allow more highly skilled professionals to work for companies in the U.S. “At a time when talent is the key to economic success, it makes no sense to educate people in our universities, often subsidized by U.S. taxpayers, and then insist that they return home,” he said. “To address the shortage of scientists and engineers, we must … reform our education system and our immigration policies. If we don’t, American companies simply will not have the talent they need to innovate and compete.” Gates urges Congress and the White House to address this problem by extending the period that foreign students can work in the U.S. after graduation, raising the cap on H-1B visas, creating a clear path to permanent residency for high-skilled foreign-born employees and increasing the number of green cards. “The shortage of scientists and engineers is so acute that we must do both: reform our education system and reform our immigration policies.”

Funding for basic research should be increased. Gates believes basic research funding is an essential part of keeping American companies competitive and sparking new industries. “Even though we know that basic research drives economic progress, real federal spending on basic research has fallen since 2005,” he said. “I urge Congress to increase funding for basic research by 10 percent annually for the next seven years.” Gates said that federal funding for basic research supports the education of the next generation of scientists and engineers, and provides the raw material that U.S. companies transform into commercially successful products.

Here is one reaction by an elected representative obviously enamored by Mr Gates and a believer that the Darth Vader of IT brought worthwhile technology to the masses.

“Bill Gates has played a key role in our nation’s economic and technological growth for more than 20 years and I found his testimony today informative and compelling. I was most struck by Gates’ strong appeal to Congress to fully fund the America COMPETES Act. This new law makes a significant commitment to our country’s future by investing in math and science education and federal research. I will continue to vigorously advocate for funding of the America COMPETES Act,” said Rothman.

The excerpt below combined with asking government and the taxpayer to do his research for him are the things Bill Gates was really interested in.

I personally witness the ill effects of these policies on an almost daily basis at Microsoft. Under the current system, the number of H1-B visas available runs out faster and faster each year. The current base cap of 65,000 is arbitrarily set and bears no relation to U.S. industry’s demand for skilled professionals. For Fiscal Year 2007, the supply did not last even eight weeks into the filing period, and ran out more than four months before that fiscal year even began.

posted for comedic valueIn summary the view from this blog is as follows. For regular readers the views here on Microsoft are known. As an example there are reports on another lawsuit against MS called ‘vista capable’ where customers are upset that hardware requirements for vista exceeded those stated or some such nonsense. While this blog detests the attitude of MS toward customers and the repeated crap software sold, if customers have not learned by now what they can expect from MS they deserve what they get. But that is not the central point of this post.

There was mention of funding research in the information provided. That’s nice. The question would be is it the taxpayer’s responsibility to pay for research or educating future employees? Is it fair for the private sector to benefit from those expenditures rather than fund their own research? There are technology transfer programs with the federal government whereby arrangements are made to move publicly funded research to the private sector. Is a fair monetary exchange made for those transfers? And for the last point is Senator Grassley’s latest expression of discontent to Microsoft just another politician trying to make points with voters?

As this post really relates to the current economic conditions and the mass frenzy to push bailouts and stimulus packages on the public dime something else needs to be said. Once government does something undoing it is nearly impossible and if it is possible there is much more pain and suffering involved than would have been present with precise and reasoned action. There is no need for speed since no one in Washington nor anywhere else can guarantee that any solution suggested will work.

If these spending programs are to be deployed then they should be done in such a way as they can be stopped on command and rather than huge outlays smaller amounts should be floated as test balloons to avoid even larger mistakes. The experience thus far with AIG and others in their arrogance to spend taxpayer money should be proof enough that planned spending will not work without deadly force as a protection. Just today CITI has decided to buy a private jet. Ya, they say it will not be paid for with bailout funds. Right. If you need bailout funds then you don’t have enough of your own money or you lied about needing bailout funds. In any event you don’t need to buy a private jet. Has this post made the point clearly?

Stanford Matthews
MoreWhat.com

A Brief Note

Posted in Technology, Announcement, wordpress, internet, blog, Linux, Business on October 3rd, 2007 by Stanford Matthews

internet_nsf.jpg
The last 36 hours have visited more downtime at this site than uptime (by a bunch). As long as it has happened, readers are invited to post comments about their own experiences with such events. Also, since there are many other tasks that need attention and this week’s traffic has been seriously reduced, this site may be less active than usual the remainder of the week as those tasks are attended to in an effort to make the most of a bad week. That would be with the exception of some blogging obligations that cannot be neglected.

If you are a blogger who has tracked back to this blog for the Open Trackback, you may need to do it over again due to the downtime. Some new posts should be up later today.

Stanford Matthews
MoreWhat.com

Bill Gates: Let the Workforce Be With You

Posted in Public Affairs, Money Matters, Technology, Education, wordpress, Microsoft, Politics, Immigration, conspiracy, lobbyist, disclosure, ethics, oversight, United States, China, India, telecom, Novell, Linux, Red Hat, Foreign Affairs, Border Control, Minimum Wage, Business, Legislation on July 11th, 2007 by Stanford Matthews

Bill Darth Vader GatesThe Darth Vader of information technology has been very active this year. Precisely when the United States is in the midst of a national debate on critical issues, Bill Gates stands as the poster boy for what is wrong with corporate America. While spewing pleasant sounding descriptions on his version of American history mixed with less than subtle promotion of his corporate agenda, Gates again used the influence of his obscene wealth to ‘encourage’ Congress to do as he says. Here is the first excerpt from his testimony before a Senate hearing in March of this year.

Unfortunately, America’s immigration policies are driving away the world’s best and brightest precisely when we need them most. I appreciate the vital national security goals that motivate many of these policies. I am convinced, however, that we can protect our national security in ways that do less damage to our competitiveness and prosperity.

Moreover, the terrible shortfall in our visa supply for the highly skilled stems not from security concerns, but from visa policies that have not been updated in over a decade and a half. We live in a different economy now. Simply put: It makes no sense to tell well-trained, highly skilled individuals – many of whom are educated at our top colleges and
universities – that the United States does not welcome or value them.

big issueAre you convinced that Bill Gates only has our best interests at heart? You will notice he did not mention why he prefers imported labor rather than the home grown variety. This early in the testimony Mr Gates declined to insult Americans about their abilities to compete for jobs in the tech sector. Later he expresses a ‘concern’ that Americans educated in American schools are 2nd rate but has just stated foreign-born individuals taught at the same schools are the best and the brightest. This is the less than subtle promotion Mr. Gates uses to express his desire for cheaper, more obedient and submissive foreign talent over American candidates.

You are encouraged to read the entire testimony at the link provided. Mr Gates lobbies for American business to be able to educate all the world in our schools and immediately allow the rest of the world to live and work here or else, as he warns, American business will continue to sidestep their responsibility by moving jobs offshore. Here is the most recent evidence of his lack of patience and intent to use whatever means necessary to reach his objective.

Toronto Mayor and Microsoft Canada open digital arts and technology skills centre in Jamestown, Rexdale

Rexdale Pro Tech Media Centre to offer community members skills
development through access to technology and education

MISSISSAUGA, ON, July 3 /CNW/ - Together with Toronto Mayor David Miller,
Microsoft Canada today launched the Rexdale Pro Tech Media Centre in Jamestown
- one of 13 priority neighbourhood areas identified by the City of Toronto for
focused support and investment. The Centre will provide free access to
state-of-the-art technology including digital arts and Microsoft curricula to
introduce Jamestown and Rexdale youth to potential careers in new media while
providing computer literacy skills. The Centre was made possible through joint
collaboration with community partners and by a Microsoft Community Technology
Skills (CTS) grant which includes a cash donation, software, hardware and
technical support valued at over $400,000 CDN.

depraved indifferenceThe story above is one of many examples of Bill Gates and Microsoft bribing officials and communities who are quite willing to accept a deal with the devil to achieve their goals, right or wrong. The country where Gates amassed his wealth receives no ‘give back’ sentiment from the world’s wealthiest individual. His apparent true philosophy is what have you done for me lately.

Canada’s cities shortchanged and tapped out

Don Cayo, Vancouver Sun
Published: Friday, July 06, 2007
If big cities are to fulfil their potential as the principal drivers of Canada’s economy, they must go far beyond their original role as simple providers of property-related services such as street-building and repair, police and fire services, garbage collection, water and sewer services.

They also need to make themselves attractive to the new generation of knowledge-based revenue generators — those highly skilled people who can live anywhere they choose.

Thursday’s announcement that Microsoft’s first Canadian software development centre will be located in Vancouver underlines the importance of civic amenities that tip the balance when a company can locate wherever it wants.

tech sectorThat’s right. Cave to the power and influence of corporate greed. Nothing helps sustain the repeated use of unethical business practices more than public officials willing to abandon principle to achieve short term gains. Engaging in long term alliances that will require continued disregard for proper public policy runs counter to good government.

The latest indication of Microsoft/Bill Gates’ disinterest in the public good is featured in news related to the GPLv3 licensing and the software giant’s entrance into matters of open source. Currently this blog has no opinion on MS’s responsibility under law, if any, on matters of open source. The only point to be made is whether anyone sincerely expected Microsoft to be truly concerned about advancing the promise of open source? Offering the swamp land in Florida or the Brooklyn Bridge for sale to those who believe that is another scam that would succeed with that mentality.

Stanford Matthews
MoreWhat.com

Microsoft tries evading new GPL grasp

By Stephen Shankland
Fri Jul 06, 2007
Microsoft on Thursday took steps to avoid entanglement with a new version of the General Public License, the most widely used license in the free and open-source software domain.

Microsoft: ‘Your Puny GPLv3 Can’t Hold Us!’

By Terrence Russell
July 06, 2007 | 2:00:52 PM
Steve_ballmer Strange things are afoot over in Redmond. With the release of the GPLv3 last week, it’s already been suspiciously quiet over at Microsoft. Even more perplexing was the software giant’s statement yesterday regarding the GPLv3:

Linux official lines up with Microsoft against GPLv3

‘Too many owners of Linux’ to change basis of free software license
By Paul Krill
The new GNU General Public License (GPL) version 3 is not a fit for Linux because switching would require permission from the kernel’s thousands of de-facto owners, a maintainer of the SCSI portion of the kernel said on Thursday.

At the same time Microsoft released a statement that the company has no obligations under GPLv3.

Trackposted to Outside the Beltway, Perri Nelson’s Website, The Virtuous Republic, Rosemary’s Thoughts, DeMediacratic Nation, Big Dog’s Weblog, Webloggin, Stuck On Stupid, Leaning Straight Up, The Amboy Times, Cao’s Blog, Conservative Thoughts, Diary of the Mad Pigeon, third world county, Planck’s Constant, The Pink Flamingo, Dumb Ox Daily News, Right Voices, and Public Eye, thanks to Linkfest Haven Deluxe.

The US Senate: Not Learning from the Past

Posted in Bush, Terrorism, Iraq, war, wordpress, Politics, oil, Afghanistan, United States, Linux, Environment, Congress, Military, Rep Michael Castle, Rep Virgil Goode, Rep Walter B Jones on June 27th, 2007 by Stanford Matthews

crossposted at:
Conservative Thoughts

Why is it that some people have such difficulty understanding the fact that those who refuse to learn the lessons of history are doomed to repeat them? That’s right, this is a commentary on the war in Iraq and other issues facing the United States. It applies to illegal immigration, terrorism, ethics, the rule of law and other critical topics as well. But this commentary is limited to the war in Iraq and Afghanistan in light of another irresponsible statement by a member of the US Senate.

One may be able to forgive such a statement from a freshman politician but that is not the case with a Senator who may have just exposed the fact he has been there too long. That would be an excessively generous appraisal of the reason for this Senator’s improper use of his office. Senator Richard Lugar (R–IN) is the latest in a small group of GOP legislators without the sense to understand what should be said publicly and what should be reserved for private discussions.

No matter how it is dressed up, whether as ‘redeployment’ or ‘changing the course’ or ‘a new strategy’, that is surrender. Any reservations one may have had in regard to war should have been considered before authorizing the US to use military force in Iraq. That most Senators did not even bother to read the intel reports before voting to go to war is a clear indication of their incompetence. But to compound that failure by suggesting surrender is totally irresponsible.

The US reluctance to enter both World Wars early on is one historic fact that should enlighten these same Senators to the folly of poor decision making. What advantage went to the enemy by delaying the inevitable confrontation? How many lives could have been saved if the combined effort of allies were present at the beginning? Why was the late entry to WWI not understood before WWII was underway? Why have we consistently allowed our military readiness to be less than adequate leading up to each worldwide conflict? And why have we not learned the lessons yet in dealing with a world faced by terrorism?

Not providing universal and complete support of the troops once the decision to go to war is made is another huge mistake. It is clear that this fundamental flaw within the US Congress has spread to the general public and may well explain this country’s inability to successfully attend to a daunting list of critical issues. The historic ability of this country to rise to greatness when presented with the long odds of crisis situations has apparently diminished. The need to set aside partisan politics, eliminate public apathy and support what is best for this country without consideration of what may be in our own personal best interests is long overdue. It is time to respond to national issues based on what is best for this country overall and not what addresses the selfish interest of individuals. The dedication and commitment of the United States military in service to this country should be ample proof of that. They have set aside personal preference to honorably provide what is needed. The rest of this country should do the same.

Stanford Matthews
MoreWhat.com

GOP support for Iraq war slips

June 26, 2007
By ANNE FLAHERTY -AP
Lugar and Voinovich are not the first GOP members to call for U.S. troops to leave Iraq. Sens. Chuck Hagel of Nebraska, Olympia Snowe of Maine and Gordon Smith of Oregon made similar remarks earlier this year. But their public break is significant because it raises the possibility that Senate Democrats could muster the 60 votes needed to pass legislation that would call for Bush to bring troops home.

CAGW Challenges Sen Dorgan on Net Neutrality

Posted in Technology, wordpress, Microsoft, internet, disclosure, ethics, oversight, United States, HP, Public, Net Neutrality, telecom, Mozilla, Novell, Linux, Red Hat, Business, Cisco, IBM on April 28th, 2007 by Stanford Matthews

CAGW Disputes Sen. Dorgan’s Remarks on Net Neutrality

WASHINGTON, April 27 /PRNewswire-USNewswire/ — Citizens Against
Government Waste (CAGW) today challenged Sen. Byron Dorgan’s (D-N.D.)
comments on the issue of net neutrality and warned against enacting any
type of legislation that would hurt growth and the free market on the
Internet.
Sen. Dorgan held a conference call with reporters on April 26, the
occasion of pro-net neutrality group SavetheInternet.com’s one year
anniversary. Sen. Dorgan said, “The Internet became a robust engine of
economic development by enabling anyone with a good idea to connect to
consumers and compete on a level playing field. The marketplace picked
winners and losers, not some central gatekeeper. That freedom — the very
core of what makes the Internet what it is today — must be preserved.”
“If net neutrality is enacted, Congress itself will become the
gatekeeper by imposing restrictive and unnecessary controls. Any attempt to
regulate the Internet would create an unneeded layer of government
bureaucracy on a technology that has thrived precisely because regulations
have been absent,” said CAGW President Tom Schatz.
In January, Sen. Dorgan reintroduced the misnamed Internet Freedom
Preservation Act (S. 215) in the Senate. Net neutrality would mandate that
Internet service providers carry every single piece of content and every
service available, regardless of cost or need. Content providers have
expressed concern that the ISPs would either block content or create
different tiers of online services. Such differential pricing occurs in
virtually all forms of commerce, such as charging more for faster delivery
of packages by UPS or Federal Express. Should net neutrality become law and
traffic on the Internet continue to skyrocket, the delivery of important
content, such as medical information, will receive the same treatment as
spam.
Editorial voices on op-ed pages as diverse as those of the New York
Times and Wall Street Journal have criticized net neutrality as a false
issue. Last June, the Washington Post editorialized, “The weakest aspect of
the neutrality case is that the dangers it alleges are speculative. It
seems unlikely that broadband providers will degrade Web services that
people want and far more likely that they will use non-neutrality to charge
for upgrading services that depend on fast and reliable delivery, such as
streaming high-definition video or relaying data from heart monitors.”
“Net neutrality is nothing but a solution looking for a problem. This
kind of aggressive law-making would violate the principles of both the free
market and common sense. Stepping in now could adversely affect taxpayers
and consumers by stifling the development of the high-speed Internet
services America needs to keep its economy growing and nation competitive,”
concluded Schatz.
Citizens Against Government Waste is a nonpartisan, nonprofit
organization dedicated to eliminating waste, fraud, abuse, and
mismanagement in government.

SOURCE Citizens Against Government Waste

Internet Freedom Coalition vs MoveOn.org

Posted in Technology, wordpress, Microsoft, internet, lobbyist, disclosure, ethics, oversight, United States, HP, Public, COPE Act, Net Neutrality, telecom, Mozilla, Novell, Linux, Red Hat, Business, Cisco, IBM on April 28th, 2007 by Stanford Matthews

Internet Freedom Coalition Responds to Moveon.org’s Resurrected ‘Net Neutrality’ Agenda

WASHINGTON, April 26 /PRNewswire-USNewswire/ — Jason Wright, co-founder of the Internet Freedom Coalition, today released the following statement in response to Moveon.org and their “Save The Internet” 1st anniversary conference call with reporters:

“The inappropriately named ‘Save the Internet’ coalition is back at it, celebrating their first year of existence - a year that only has served to threaten innovation. Today’s call with reporters was more of the same. Their goal is to cripple innovation and saddle the world’s freest market - the Internet - with government regulation. Why has this group failed to get their agenda passed? Because they have dreamt up the perfect regulation in search of a complaint. They offer a solution to what is only a hypothetical problem.

“Look at their track record. They lost the federal fight to install network neutrality in 2006. Backers of net neutrality legislation in Maryland this year reversed their support and voted the bill down. The bill in California was pulled over public outcry against this onerous, unproductive call for fixing a problem that doesn’t exist.

“Consumers are winning. Access to broadband in America continues to grow as competition in the marketplace has driven prices down, making high speed broadband more affordable to a cross section of America. The number of applications utilizing these information networks has thrived: online education, telemedicine and shopping from the comfort of your own home - to name only a few. All without government meddling or intervention. If Moveon.org succeeds in regulating the Internet, it will have the effect of creating real problems - like freezing innovation in time - while ’solving’ a non-existent one.”

ABOUT IFC:

The Internet Freedom Coalition is a group of more than 30 like-minded free-market, limited government non-profit associations, individuals and think-tanks including: Americans for Prosperity, Americans for Tax Reform, Black America’s Political Action Committee, Catholic Citizenship, Center for Freedom and Prosperity, Center for Individual Freedom, Citizen Outreach, Commonwealth Foundation for Public Policy Alternatives, Competitive Enterprise Institute, Cornerstone Policy Research, Council for Citizens Against Government Waste, Ethan Allen Institute, Frontiers of Freedom, Grassroot Institute of Hawaii, Illinois Policy Institute, Independent Women’s Forum, Institute for Liberty, Iowa Association of Scholars, Kansas Taxpayers Network, Media Freedom Project, National Taxpayers Union, Ohio Taxpayers Association & OTA Foundation, Public Interest Institute, Reason Foundation, RightMarch.com, TechPolicyWatch.com, The Maine Heritage Policy Center, Tennessee Center for Policy Research

CAGW, Congress and the Internet

Posted in Technology, wordpress, Microsoft, Politics, internet, lobbyist, disclosure, ethics, oversight, United States, Law, HP, Public, COPE Act, Net Neutrality, telecom, Mozilla, Novell, Linux, Red Hat, Business, Cisco, Legislation, IBM on April 28th, 2007 by Stanford Matthews

CAGW Tells Congress to Keep Their Hands off the Internet

WASHINGTON, April 24 /PRNewswire-USNewswire/ — Citizens Against
Government Waste (CAGW) today urged Congress to say no to a national
broadband policy and government intrusion of the Internet. After the
release of a world-wide broadband usage report, Senate and House Committees
held hearings today to examine the need for further government involvement
in broadband service in light of other countries’ policies.
“The Internet has thrived in America precisely because it has been free
from government interference. The implementation of burdensome regulations,
wasteful subsidies, and complicated tax breaks that other countries are
imposing will only stifle growth and innovation,” said CAGW President Tom
Schatz. “Competition and the free market must be allowed to continue to
work.”
The Organization for Economic Co-Operation & Development (OECD)
Broadband Statistics to December 2006 report was released on April 23.
While finding that the U.S. has the most total broadband subscribers of the
30 studied countries, it ranked the United States 15th in
broadband-deployment penetration. The survey does not disclose how it
obtained its numbers and does not take into account population density or
supply and demand.
The Rural Utilities Service (RUS) is an example of an ineffective
government program charged with increasing broadband access. Besides the
more than $30 million in broadband loans that have gone into default, the
program has lost its focus on serving rural America. The RUS has been
subsidizing private companies to provide broadband in suburban
neighborhoods that would have received service anyway. Instead of allowing
the free market to work, efficient private sector forces are crowded out by
government subsidies.
According to a September 2005 audit by the USDA Inspector General (IG),
“RUS has not exclusively served those rural communities most requiring
Federal assistance to obtain access to broadband technologies. Because RUS’
definition of ‘rural area’ is too broad to distinguish usefully between
suburban and rural communities, the agency has issued over $103.4 million
in grants and loans (nearly 12 percent of $895 million in total program
funds) to communities near metropolitan areas.” The IG report noted “one of
the more highly publicized cases, [where] RUS issued loans to a company
providing broadband access to affluent suburban communities a few miles
outside of Houston, Texas.”
“Instead of increasing government control, Congress should remove
barriers to the further flourishing of Internet usage and access by
rejecting net neutrality, continuing the Internet tax ban, and protecting
intellectual property,” concluded Schatz.
Citizens Against Government Waste is a nonpartisan, nonprofit
organization dedicated to eliminating waste, fraud, abuse, and
mismanagement in government.

SOURCE Citizens Against Government Waste

Universal Service Fund

Posted in Technology, wordpress, Microsoft, Politics, internet, lobbyist, disclosure, ethics, oversight, United States, Law, HP, Public, COPE Act, Net Neutrality, telecom, Mozilla, Novell, Linux, Business, Cisco, Legislation, IBM on April 28th, 2007 by Stanford Matthews

Universal Service for the 21st Century Act (Introduced in Senate)

S 711 IS 110th CONGRESS 1st Session

S. 711

To amend the Communications Act of 1934 to expand the contribution base for universal service, establish a separate account within the universal service fund to support the deployment of broadband service in unserved areas of the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

February 28, 2007

Mr. SMITH (for himself, Mr. DORGAN, and Mr. PRYOR) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To amend the Communications Act of 1934 to expand the contribution base for universal service, establish a separate account within the universal service fund to support the deployment of broadband service in unserved areas of the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Universal Service for the 21st Century Act’.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) The preservation and advancement of universal service is a fundamental goal of the Communications Act of 1934 and the Telecommunications Act of 1996.

(2) Access throughout the Nation to high-quality and advanced telecommunications and information services is essential to secure the many benefits of our modern society.

(3) As the Internet becomes a critical element of any economic and social growth, universal service should shift from sustaining voice grade infrastructure promoting the development of efficient and advanced networks that can sustain advanced communications services.

(4) The current structure established by the Federal Communications Commission has placed the burden of universal service support on only a limited class of carriers, causing inequities in the system, incentives to avoid contribution, and a threat to the long term sustainability of the universal service fund.

(5) Current fund contributors are paying an increasing portion of their interstate and international service revenue into the universal service fund.

(6) Any fund contribution system should be equitable, nondiscriminatory and competitively neutral, and the funding mechanism must be sufficient to ensure affordable communications services for all.

SEC. 3. UNIVERSAL SERVICE FUND CONTRIBUTION REQUIREMENTS.

(a) Inclusion of Intrastate Revenues- Section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)) is amended–

(1) by striking `Every’ and inserting `Notwithstanding section 2(b) of this Act, a’;

(2) by striking `interstate’ each place it appears; and

(3) by adding at the end `Nothing in this subsection precludes a State from adopting rules or regulations to preserve and advance universal service within that State as permitted by section 2(b) and subsections (b) and (f) of this section.’.

(b) Universal Service Proceeding-

(1) PROCEEDING- The Federal Communications Commission shall initiate a proceeding, or take action pursuant to any proceeding on universal service existing on the date of enactment of this Act, to establish a permanent mechanism to support universal service, that will preserve and enhance the long term financial stability of universal service, and will promote the public interest.

(2) CRITERIA- In establishing such a permanent mechanism, the Commission may include collection methodologies such as total telecommunications revenues, the assignment of telephone numbers and any successor identifier, connections (which could include carriers with a retail connection to a customer), and any combination thereof if the methodology–

(A) promotes competitive neutrality among providers and technologies;

(B) to the greatest extent possible ensures that all communications services that are capable of supporting 2-way voice communications be included in the assessable base for universal service support;

(C) takes into account the impact on low volume users, and proportionately assesses high volume users, through a capacity analysis or some other means; and

(D) ensures that a carrier is not required to contribute more than once for the same transaction, activity, or service.

(3) EXCLUDED PROVIDERS- If a provider of communications services that are capable of supporting 2-way voice communications would not contribute under the methodology established by the Commission, the Commission shall require such a provider to contribute to universal service under an equitable alternative methodology if exclusion of the provider from the contribution base would jeopardize the preservation, enhancement, and long term sustainability of universal service.

(4) DEADLINE- The Commission shall complete the proceeding and issue a final rule not more than 6 months after the date of enactment of this Act.

SEC. 4. INTERCARRIER COMPENSATION.

(a) Jurisdiction- Notwithstanding section 2(b) of the Communications Act of 1934 (47 U.S.C. 152(b)), the Federal Communications Commission shall have exclusive jurisdiction to establish rates for inter-carrier compensation payments and shall establish rules providing a comprehensive, unified system of inter-carrier compensation, including compensation for the origination and termination of intrastate telecommunications traffic.

(b) Criteria- In establishing these rules, and in conjunction with its action in its universal service proceeding under section 3, the Commission, in consultation with the Federal-State Joint Board on Universal Service, shall–

(1) ensure that the costs associated with the provision of interstate and intrastate telecommunications services are fully recoverable;

(2) examine whether sufficient requirements exist to ensure traffic contains necessary identifiers for the purposes of inter-carrier compensation; and

(3) to the greatest extent possible, minimize opportunities for arbitrage.

(c) Sufficient Support- The Commission should, to the greatest extent possible, ensure that as a result of its universal service and inter-carrier compensation proceedings, the aggregate amount of universal service support and inter-carrier compensation provided to local exchange carriers with fewer than 2 percent of the Nation’s subscriber lines will be sufficient to meet the just and reasonable costs of such local exchange carriers.

(d) Negotiated Agreements- Nothing in this section precludes carriers from negotiating their own inter-carrier compensation agreements.

(e) Deadline- The Commission shall complete the pending Intercarrier Compensation proceeding in Docket No. 01-92 and issue a final rule not more than 6 months after the date of enactment of this Act.

SEC. 5. ESTABLISHMENT OF BROADBAND ACCOUNT WITHIN UNIVERSAL SERVICE FUND.

Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by inserting after section 254 the following:

`SEC. 254A. BROADBAND FOR UNSERVED AREAS ACCOUNT.

`(a) Account Established-

`(1) IN GENERAL- There shall be, within the universal service fund established pursuant to section 254, a separate account to be known as the `Broadband for Unserved Areas Account’.

`(2) PURPOSE- The purpose of the account is to provide financial assistance for the deployment of broadband communications services to unserved areas throughout the United States.

`(b) Implementation-

`(1) IN GENERAL- The Commission shall by rule establish–

`(A) guidelines for determining which areas may be considered to be unserved areas for purposes of this section;

`(B) criteria for determining which facilities-based providers of broadband communications service, and which projects, are eligible for support from the account;

`(C) procedural guidelines for awarding assistance from the account on a merit-based and competitive basis;

`(D) guidelines for application procedures, accounting and reporting requirements, and other appropriate fiscal controls for assistance made available from the account; and

`(E) a procedure for making funds in the account available among the several States on an equitable basis.

`(2) STUDY AND ANNUAL REPORTS ON UNSERVED AREAS-

`(A) IN GENERAL- Within 6 months after the date of enactment of the Universal Service for the 21st Century Act, the Commission shall conduct a study to determine which areas of the United States may be considered to be `unserved areas’ for purposes of this section. For purposes of the study and for purposes of the guidelines to be established under subsection (a)(1), the availability of broadband communications services by satellite in an area shall not preclude designation of that area as unserved if the Commission determines that subscribership to the service in that area is de minimis.

`(B) ANNUAL UPDATES- The Commission shall update the study annually.

`(C) REPORT- The Commission shall transmit a report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Energy and Commerce setting forth the findings and conclusions of the Commission for the study and each update under this paragraph and making recommendations for an increase or decrease, if necessary, in the amounts credited to the account under this section.

`(3) STATE INVOLVEMENT- The Commission may delegate the distribution of funding under this section to States subject to Commission guidelines and approval by the Commission.

`(c) Limitations-

`(1) ANNUAL AMOUNT- Amounts obligated or expended under subsection (c) for any fiscal year may not exceed $500,000,000.

`(2) USE OF FUNDS- To the extent that amounts in the account are not obligated or expended for financial assistance under this section, they shall be used to support universal service under section 254.

`(3) SUPPORT LIMITED TO FACILITIES-BASED SINGLE PROVIDER PER UNSERVED AREA- Assistance under this section may be provided only to–

`(A) facilities-based providers of broadband communications service; and

`(B) 1 facility-based provider of broadband communications service in any unserved area.

`(d) Application With Sections 214, 254, and 410-

`(1) SECTION 214(e)- Section 214(e) shall not apply to the Broadband for Unserved Areas Account.

`(2) SECTION 254- Section 254 shall be applied to the Broadband for Unserved Areas Account–

`(A) by disregarding–

`(i) subsections (a) and (e) thereof; and

`(ii) any other provision thereof determined by the Commission to be inappropriate or inapplicable to implementation of this section; and

`(B) by reconciling, to the maximum extent feasible and in accordance with guidelines prescribed by the Commission, the implementation of this section with the provisions of subsections (h) and (l) thereof.

`(3) SECTION 410- Section 410 shall not apply to the Broadband for Unserved Areas Account.

`(e) Definitions- In this section:

`(1) BROADBAND-

`(A) IN GENERAL- The term `broadband’ shall be defined by the Commission in accordance with the requirements of this paragraph.

`(B) REVISION OF INITIAL DEFINITION- Within 30 days after the date of enactment of the Universal Service for the 21st Century Act, the Commission shall revise its definition of broadband to require a data rate–

`(i) greater than the 200 kilobits per second standard established in its Section 706 Report (14 FCC Rec. 2406); and

`(ii) consistent with data rates for broadband communications services generally available to the public on the date of enactment of that Act.

`(C) ANNUAL REVIEW OF DEFINITION- The Commission shall review its definition of broadband no less frequently than once each year and revise that definition as appropriate.

`(2) BROADBAND COMMUNICATIONS SERVICE DEFINED- The term `broadband communications service’ means a high-speed communications capability that enables users to originate and receive high-quality voice, data, graphics, and video communications using any technology.’.

SEC. 6. IMPLEMENTATION OF SECTION 254A.

The Federal Communications Commission shall complete a proceeding and issue a final rule to implement section 254A of the Communications Act of 1934 not more than 6 months after the date of enactment of this Act.

Microsoft Clones: Will They Ever Learn

Posted in Technology, wordpress, Microsoft, internet, HP, telecom, Novell, Linux, Red Hat, Business, Cisco, Apple, IBM on April 28th, 2007 by Stanford Matthews

Microsoft SuxTry as I do, apparently I’m not getting through to you clones. (apologies to Jim Rome). It feels like a one man campaign against the onslaught of mindless acceptance to the path of least resistance. It confirms the proposition that most human beings are incapable of making choices for themselves and if the options available require more than a modicum of effort they will be ignored for the easiest answer. This happens throughout the business world and the sellers of inferior solutions couldn’t be happier. The effect of consumers making poor choices results in companies continuing business as usual as long as the public accepts it as reflected in the news story below.

Stanford Matthews
MoreWhat.com

Microsoft shares gain as earnings surge

MarketWatch
By John Letzing, MarketWatch. SAN FRANCISCO (MarketWatch) — Microsoft Corp. shares jumped more than 3% on Friday, a day after the company posted a 65% surge in fiscal third-quarter profit thanks to sales of new products such as the Vista operating …

Microsoft Ordered to Pay

Posted in Announcement, wordpress, Microsoft, youtube, internet, Film, Law, Video, HP, Mozilla, Sony, Novell, Linux, Red Hat, Nintendo, Apple on February 22nd, 2007 by Stanford Matthews

MSMicrosoft cannot get it right even when it is someone else’s product.
(MoreWhat.com staff)

Microsoft ordered to pay Alcatel-Lucent $1.5 bln in patent case
SAN FRANCISCO (MarketWatch) — A federal jury in San Diego on Thursday ordered Microsoft Corp. to pay a $1.52 billion judgment for infringing on digital-music patents owned by Alcatel-Lucent.

2008, Net Neutrality and the Blogosphere

Posted in Public Affairs, Technology, wordpress, Microsoft, campaign, youtube, GOP, Democrats, blogroll, internet, blog, Video, HP, Public, COPE Act, Net Neutrality, telecom, Music, Sony, Linux, Red Hat, Nintendo, Business, Cisco, Apple, Legislation on February 22nd, 2007 by Stanford Matthews

Net NeutralityThe Dems favor net neutrality and the GOP does not. This sounds a little more like traditional stands of party politics. If the internet, and more specifically the blogosphere, continues to exert influence on issues at the current rate, the face of politics may evolve as an entirely new animal. Or it may only reflect a shift in the tools of the trade.

Not unlike big business, politics requires establishing a rigid structure to limit interference from outsiders. Power and influence dictates the agenda and often the outcome. This restricts innovation and impedes the flow of ideas. Innovation is generally the domain of startups and small entities unencumbered by the desire to crush competition. The internet among other things is an environment that fosters innovation. It is possible that the opponents of equal access for all are only interested in protecting their kingdoms. However, some who claim to be in favor of innovation may only support it as a mechanism to regain the power and influence. Distinguishing the two is problematic.

Stanford Matthews
MoreWhat.com

Neutrality On the Net Gets High ‘08 Profile

Bloggers and other Internet activists made their marks in the past two presidential elections chiefly by building networks of political enthusiasts and raising money for candidates. Now, they are pushing aggressively into policymaking — and not just over high-profile issues such as Iraq.

Trackposted to Pirate’s Cove, The Pink Flamingo, Perri Nelson’s Website, basil’s blog, and Pursuing Holiness, Outside the Beltway, High Desert Wanderer, and Conservative Thoughts, Diary of the Mad Pigeon, and Right Voices Blue Star Chronicles, Stuck On Stupid, thanks to Linkfest Haven Deluxe.

Vista ThrowUPdate 4

Posted in Technology, Announcement, wordpress, Microsoft, internet, blog, Advertising, Video, telecom, Mozilla, Novell, Linux, Red Hat, Nintendo, Business, Cisco, Apple on February 15th, 2007 by Stanford Matthews

Vista system’s full of glitches

ThrowUPdateNow Toronto, Canada
You can tell by the latest Apple ads featuring Mac personified mocking Mr. PC because Vista’s security systems are more trouble than they’re worth. ..

We would stop posting these unflattering reports on Microsoft and the great and powerful OZ, but we simply cannot HELP ourselves.

Stanford Matthews
MoreWhat.com

Vista ThrowUPdate 3

Posted in Technology, Education, Announcement, wordpress, Microsoft, youtube, internet, Britain, China, India, Advertising, Video, Public, telecom, Freedom, Opinion, Novell, Linux, Nintendo, Entertainment, Business, Cisco, Apple on February 12th, 2007 by Stanford Matthews

Microsoft: Vista follow-up likely in 2009

MS Fatal Exception With Vista just out the door, Microsoft is now drawing up plans to deliver its follow-up client operating system by the end of 2009, according to the executive in charge of building the product’s core components.

If you can’t migrate to a non-Microsoft platform, you’re just not trying hard enough. If people shun Vista in large enough numbers starting now, MS would be discouraged from meeting the new 2009 goal. Then all would be right with the planet.

C. Harris
MoreWhat.com

Vista ThrowUPdate 2

Posted in Technology, wordpress, Microsoft, internet, Advertising, Linux, Business, Apple on February 6th, 2007 by Stanford Matthews

Vista upgrades: a case of technology hobbled by business models?

MicrosoftZDNet UK
Posted by Matt Loney
As mentioned, it was only after over 2.5 hours on the phone that a customer service representative told me that Microsoft is now aware of the situation. HOWEVER … they are unable to provide users with a new product key. In other words … My legally purchased copy of Windows Vista Home Premium Upgrade is currently USELESS.

Another report has Apple asking users to delay upgrading to Vista. With experiences like the one above, why would you have to be asked to avoid Microsoft? (Stanford Matthews, MoreWhat.com)

When is a firewall not a firewall? When it’s Vista’s built-in firewall
Windows Vista’s Firewall offers false sense of security
Vista antispyware fails security test
Windows Vista Anti-virus Software Fails Tests
Microsoft and McAfee fail to protect Vista from viruses
Microsoft, McAfee fail to spot Vista viruses
Microsoft OneCare fails virus test
Security watchers lambast Vista
Microsoft has no plans to close Vista upgrade loophole
Amazon mislead customers over Vista OEM upgrade

Incompatible Software

Vista ThrowUPdate

Posted in Technology, wordpress, Microsoft, internet, Advertising, Linux, Business, Apple on February 6th, 2007 by Stanford Matthews

MSfatal.jpg

Best Buy mentions on a TV ad that they have 60,000 Vista trained monkeys employees. Becoming a nation of sheep.